Washington counties warn of mounting public defense crisis

Catch up quick: Early versions of the Legislature's new tax on annual incomes over $1 million — commonly called a "millionaires tax" — would have directed between 5% and 7% of the revenue to county and city public defense costs.

• But that language was stripped out of the bill that ultimately passed last week.

Instead, local governments could lose more than $300 million per year due to sales tax breaks in the new income tax plan, Derek Young, executive director of the Washington State Association of Counties, told Axios.

• He said those losses will make paying for public defense even harder.
• "We're actually going backwards," Young said.

Context: Washington's counties have long shouldered most of the cost of providing attorneys to criminal defendants who can't afford them — a right guaranteed in the state constitution.

• The state Association of Counties sued the state in 2023, accusing the Legislature of shirking its duty to pay for those services. That lawsuit is ongoing.

Separately, the state Supreme Court issued an order last year requiring public defenders to sharply reduce their caseloads.

• The new standards cut maximum felony and misdemeanor caseloads by roughly two-thirds.
• Counties have up to 10 years to fully comply, but must steadily reduce caseloads toward the new limits each year.

The big picture: Meeting those standards will more than triple public defense costs statewide, Young estimated.

• "This will be catastrophic for county budgets if we don't see some sort of fix over the next couple of years," he said.
• Without additional state funding, courts may be forced to delay cases, drop charges or release defendants if there aren't enough public defenders available, he warned.

By the numbers: Washington's counties paid more than $200 million to provide public defense services in 2024, Young's group estimated. The state picked up less than $6 million of those costs that year.

• The Legislature has since boosted its contribution to $13.6 million annually — still a fraction of current costs, especially with the new caseload standards ramping up.

The other side: While lawmakers removed dedicated funding for public defense from the income tax bill, they signaled plans to set aside $200 million for local governments in the next budget cycle.

• That funding is meant to offset the revenue counties will lose from sales tax cuts under the "millionaires tax," House Speaker Laurie Jinkins (D-Tacoma) told Axios.
• Counties could use that money for public defense if they choose, she said.
• "I will not argue that we think everything is settled and fine, but I think we have started on the path to try to figure that out," Jinkins said.

Yes, but: That $200 million is not included in the current budget and wouldn't provide immediate funding for counties.

• "The promise of future money is not enough," Matt Sanders, director of King County's Department of Public Defense, told Axios. "We can't hire lawyers, we can't hire professional staff, and we can't take cases based on promises."

What's next: Lawmakers are likely to face renewed pressure to address public defense funding when the Legislature reconvenes in January.